General Terms and Conditions
General terms & conditions
§ 1 Contractual relationship:
Contract partners are the hotel and the thermal spa (Asia Resort Linsberg Betriebs GmbH), abbreviated to 'Linsberg Asia' and the guest (individual guest, tour operator or private travel groups, company groups and the like). Availing of deliveries and services are binding for both parties upon confirmation by Linsberg Asia. This is based without specific formal requirements on a so-called accommodation contract (hotel) and service contract (thermal spa), which means that Linsberg Asia is obliged to provide a room or entry to the thermal spa and the guest is obliged to pay. Legal position is basically not unsettled by this, when rooms that have not been paid for are able to let to other people after 6:00 p.m. (see guidelines from the ÖHV – Austrian Hoteliers Association).
§ 2 Conclusion of contract and deposit:
The accommodation contract is generally realised via written or oral commission for the guest by Linsberg Asia. It may be arranged that the guest pays a deposit. Linsberg Asia may also request advance payment of the entire payment.
§ 3 Arrival and Departure:
Booked rooms are available to guests from 3.00 p.m. on their arrival day and up to 11:00 a.m. on the day they are due to depart.
A guest is allocated a room by the Linsberg Asia on the day they arrive. In so far as a later arrival time has not been expressly agreed upon, Linsberg Asia has the right to re-allocate booked rooms after 6:00 p.m., without the guest being entitled to compensation. Linsberg Asia has the right to withdraw from contract. However, if the gest has 'guaranteed' arrival and/or paid a deposit, the room (rooms) will stay reserved until 11:00 a.m. of the following day at the latest.
If a guest intended to leave after 11.00 a.m., they are requested to let reception know by 10:00 p.m. the day before; departure up to 5:00 p.m. will incur a surcharge of € 50,- per room, after 5:00 p.m. the full amount for the room is payable. Use of the thermal spa extends from 3:00 p.m. on the day you arrive until 5:00 p.m. on the day you are due to depart. Usage on the day you arrive is available from 9.00 a.m. for € 12,- per person.
§ 3 Prices:
Prices are specified in the respective valid price list.
§ 4 Payment conditions:
All bills from Linsberg Asia are to be settled upon the guest’s departure and no deductions are due (net hotel). In any event, Linsberg Asia can ask a guest for advance payment in the relevant amount. A guest will default if the stated payment deadline is exceeded, without any advance notification. Delayed payment will entitle Linsberg Asia to ask for default interest of 1.5% p.m. For any reminders that are effected after default, in individual cases, an arrears fee may be requested.
§ 5 Rescission and cancellation – hotel stay:
(1) Reservations by users may be cancelled up to 2 days (by 3.00 p.m.) before arrival free of charge, otherwise 100% of the full stay will be charged. Cancellation must be made in writing to, email@example.com.
(2) Rescission and cancellations by other users will be arranged by specific contractual agreements.
(3) Unless otherwise agreed, ÖHV (Austrian Hoteliers Association) guidelines apply. Cancellations made up to 3 months before arrival: 0%, up to 1 month: 40%, up to 1 week: 70%, thereafter: 90% of the full package arrangement.
(4) In the event of force majeure and the like not caused by the Linsberg Asia and which are outside of their sphere of influence, Linsberg Asia reserves the right to rescind the contract without the guest having recourse to reimbursement. (Force majeure).
§ 6 Rescission and Cancellation – gift voucher purchase by telephone – cancellation policy
(1) Upon concluding a long-distance transaction, users have a statutory right to cancellation. If the customer chooses to place an order for a gift voucher by telephone, the service provider is to provide information about the customer’s cancellation rights, as per legal obligations.<br <="" p="" />
/>Right of rescission
If you are the consumer, you may revoke your contractual declaration regarding the purchase of the gift voucher within 14 days in text form (e.g. fax, e-mail, letter) without providing any reasons and return the gift voucher. The deadline begins upon receipt of this instruction in text form, not before the recipient receives the gift voucher and also not before fulfilment of our information obligations.
To keep to the revocation period, timely sending of the rescission and the gift voucher are sufficient. For services that are rendered according to agreement before the end of the revocation period, the customer has no right of rescission as per § 5f Z 1EPA. The customer is to agree with the redemption of the gift voucher for earlier delivery of services and with the termination of the gift voucher. There is no right of rescission in particular for gift vouchers that have been purchased for a specific occasion (New Year’s Eve, Christmas, Easter package, brunch and the like), where the rescission deadline is just 5 days or less before the occasion, or is after the occasion.
Rescission is to be directed to:
Asia Resort Linsberg Betriebs GmbH
2822 Bad Erlach
+43 2627 48000-50 /FAX
(2) Following rescission
If you have rescinded this contract, we are to reimburse you for any payments we have received from you, excluding any delivery costs, straight away and by the latest within fourteen days from receipt of gift vouchers that have been affected by the rescission. We use the same payment method that was used for the original transaction to reimburse you, unless expressly agreed otherwise. In no instance will you be charged to receive this reimbursement.
Sample rescission form
(If you want to cancel the contract then please complete this form
and send it back to us.)
Asia Resort Linsberg Betriebs GmbH
2822 Bad Erlach
I/We (*) hereby rescind the contract concluded by myself/us (*)
regarding the purchase of the following gift voucher/s __________
Ordered on (*)/Received on (*) ________________
Name of the purchaser (s) ________________
Address of the customer(s) ________________
Signature of the purchaser (s) (only or written confirmation)
(*) Score through as appropriate
§ 7 Details regarding data processing
(1) The service provider collates and used personal details in the context of your order and to process the order to establish, implement or end the contract.
(2) Incidentally, reference is made in the data protection declaration with regard to the customer’s consent and for additional information for data collection, processing and use and this can be called up in print format on the provider’s website at any time using the ‘Data Protection’ button.
Linsberg Asia is only liable if there is evidence that its employees are at fault. Any lost property will only be forwarded to the guest at their risk and with costs to be borne by them. Linsberg Asia reserves the right to have a maximum storage period of 3 months. Linsberg Asia is only liable for any damage caused to guest’s property if the damage has occurred in the context of business operations and Linsberg Asia or there is evidence that they or their employees are at fault. Linsberg Asia is only liable for items brought into their establishment up to the statutory maximum amount. Storage of valuables, gold and securities may be refused if items are fundamentally of greater value than would usually be stored for guests in a hotel. The hotel is excluded from liability if a room or repositories used by guests to leave items is not locked. Guests are encourages to leave valuable items in the safes/valuables box in rooms and in changing rooms in the thermal spa. The hotel is not obliged to monitor items. Linsberg Asia do however reserve the right to have CCTV monitoring in accordance with the Data Protection Act.
The hotel is only liable for damage that occurs to guest and visitor vehicles that are caused when they are leaving the parking area, or if they have been caused intentionally or through the gross negligence of Linsberg Asia employees.
(In any case, StVO [Road Traffic Act] stipulations apply). A guest uses the bathing facilities and the all swimming pool facilities and equipment (fitness room) at their own risk. Parents are responsible for their children.
§ 9 Hotel & swimming regulations (hotel regulations):
The hotel and bathing regulations throughout the Linsberg Asia are to be adhered to by hotel and thermal spa guests.
Sub-letting or use of hotel rooms other than for residential purposes is not permitted. Approval is required from Linsberg Asia should a guest want to extend their stay.
§11 Dispute settlement procedure:
The European Commission has set up a platform for out-of-court settlement of online disputes (OS platform) and this can be seen at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint. We are neither obliged to nor are willing to participate in dispute settlement procedures.
§ 12 Concluding provisions:
(1) For contracts between the service provider and the client, Austrian law is used, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For the customer, when this concerns a trader, a legal entity in public law or a public special asset, the place of jurisdiction for any disputes arising from contractual relationships between the customer and the service provider, is the supplier’s place of business.
(3) For disputes arising from this contract, in the event of complaints from the hotel about the customer in the context of EPA the court authorised, in this judicial district is the domicile, usual abode or place where the customer is employed.
(4) The remaining parts of the contract also remain binding even if individual points are legally ineffectual. In place of the ineffective points, so far as are available, legal provisions apply. In so far as there is unreasonable hardship for one party to the contract, the contract will become wholly invalid.
Linsberg, May 2017